Monday, September 24, 2007

Lulu always thought that Malaysia practices a separation of power between state and legistlative.Lulu's quite sure there were these diagrams in her Pengajian Am book. There were separate boxes for the the executive, legislature and judiciary.

Executive power is vested in the cabinet led by the prime minister.Legislative authority is the power to make laws and also the power to raise taxes and authorize expenditure. These are your MPs and State Assemblymen.The judiciary are the courts and her judges.

and the next bit, which i got from [of all places!] the Malaysia tourism website states,In order to execute its judiciary functions without being partial in any way, the Judiciary is independent of the Legislative Authority and Executive Authority. The Federal Constitution of Malaysia is also providing safeguards to ensure that judges can carry out their duties as judiciary without any influence from the desires and wishes of either the Legislative or Executive Authority.

if that is what this tourism site is telling our foreign visitors, then it must be true.and that Lulu is remembering it correctly, not that she's been watching too many foreign movies with all these anasir buruk which propogate human rights.

if you read carefully, the statement is "can carry out their duties as judiciary without any influence from the desires and wishes". It's like police arresting a thief without ministers' interference, but still (police) answerable to home minister. So I put it judge "independently" make judgement, but still answerable to legislative and execute. actually i don't know how datuk nazri knows his "subordinate" (cj fairuz) is not the person when the latter did not confess to everybody. maybe nazri has telepathy ability, that's why he open his mouth so big for every affairs. on the denial, it reminds me someone said "i don't have sex with monica lewinsky"

maybe aab can start kementerian kehakiman malaysia, with nazri appointed as menteri hakim. wait, actually there was kementerian kehakiman exist - http://www.bheuu.gov.my/bheuu/senmenteri.shtml. But the ministers are all judges. nazri is right that he is indeed minister for the judges, but the exception he's a legislator not a judge ...

Legislators have always been making "great" laws too all along because they'll easily have sleeping walruses aka senators to awake and pass them in the Big Circus.

Take an example at the lower level:When a Municipal Council just couldn't manage parking attendants who steals or maintain exorbitantly contracted/bought parking meters, they try the coupon method, passing the responsibility back to motorists instead. Suckered motoring public in the name of responsibility here. Legislated thus by smaller Napoleons.

Even in a (now quasi)communist country like China, officials guilty of misdeeds are sent to the firing squad. Recently one found guilty of blowing up his young mistress in her car ended up that way. Others have committed suicide in disgrace like the one implicated in US trade over tainted food export.

When crooked politicians in this world say, "Let the law takes the course", what these crooks really mean is, "Let the LAW take THEIR POLITICAL course." And NOT the course of justice!!

If we remember history, the fall of the Roman Republic, as former American president Theodore Roosevelt nicely summed up:

The Roman Republic fell, NOT because of the ambition of Ceasar or Augustus, but because it had already long ceased to be in any real sense a repbulic at all. When the sturdy Roman plebeian, who lived by his own labor, who voted withour reward according by his own convictions, and who with his fellows formed in war the terrible Roman legion, HAD CHANGED into an idle creature who craved nothing in life save the GRATIFICATION of a thirst for vapid excitement, who was FED BY THE STATE, and who directly and indirectly SOLD HIS VOTE to the highest bidder, then the END OF THE REPUBLIC was at hand, and nothing could save it.

"THE LAWS WERE THE SAME AS THEY HAD BEEN, BUT THE PEOPLE BEHIND THE LAWS HAD CHANGED, AND SO THE LAWS COUNTED FOR NOTHING."

So, if the average Malaysian does not bother about maintaining (the very true sense of) justice, at the end of the day, this justice will not maintain them.

Remember Martin Luther once said, "An individual who breaks a law that his conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in REALITY expressing the HIGHEST RESPECT for LAW."

De facto Minister Nazri should resign if he has any integrity and respect of our Federal Constitution. But again, he need not because this current government has no political dignity and integrity in view of the current developments.